N. Selvakumar v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.10.2024

CORAM:

THE HONOURABLE MS.JUSTICE P.T.ASHA N.Selvakumar .. Petitioner Vs.

1.The District Collector, Dindigul District, Dindigul.

2.The Revenue Divisional Officer, O/o. Revenue Divisional Office, Palani Taluk, Dindigul District.

3.Kumarasamy .. Respondents Prayer: Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Mandamus, directing the first and second respondents to consider the petitioner's representation dated 20.09.2024 and complete the enquiry within the stipulated period and cancel the patta vide Patta No.276 and give separate patta in favour of the petitioner for Survey No.271/4, Appanoothu Village, Thoppampatti Taluk, Dindigul District.

For Petitioner :

Mr.T.Ramasamy For R1 & R2 :

Mr.P.Thambidurai Government Advocate

ORDER

Since his representation dated 20.09.2024 to cancel the patta standing in the name of one Kumarasamy, son of Palaniappa Gounder and issue separate patta in the name of the petitioner has not been taken into consideration to date, this writ petition has been filed.

2. The petitioner has traced his title to the property in S.No.271/4, Appanoothu Village, Thoppampatti Taluk, Dindigul District to a registered sale deed dated 16.07.1948 under which his grandfather Palanichamy Gounder had purchased the property. The property was inherited by the petitioner's father Natchimuthu Gounder and on the death of Natchimuthu Gounder, the same was being enjoyed by the petitioner.

3. It appears that the Revenue Authorities had wrongly sub-divided the petitioner's property and granted patta to one Kumarasamy, son of

Palaniappa Gounder, who sold the said land under the sale deed dated 17.06.2024. Therefore, the petitioner has come forward with the writ petition in question.

4. Heard the learned counsel on either side.

5. Considering the reasons given and the fact that third party interest had crept in, the petitioner's request has to be considered and orders to be passed at the earliest. Therefore, a mandamus is issued to the first and second respondents to consider the petitioner's representation dated 20.09.2024 and complete the enquiry within a period of three months from the date of receipt of a copy of this order.

6. With the above direction, this Writ Petition is allowed. No costs.

28.10.2024 NCC : Yes/No Index : Yes/No Internet : Yes abr

To 1.The District Collector, Dindigul District, Dindigul.

2.The Revenue Divisional Officer, O/o. Revenue Divisional Office, Palani Taluk, Dindigul District.

P.T.ASHA, J.

abr Dated: 28.10.2024